Montana § 42-5-103 Notice Of Hearing

Montana Statutes

§ 42-5-103 — Notice Of Hearing

Montana § 42-5-103

Title 42ADOPTION

Ch. 5LEGAL PROCEEDINGS

Part 1Dispositional Hearing and Adoption Decree

This text of Montana § 42-5-103 (Notice Of Hearing) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 42-5-103 (2026).

Text

42-5-103 . Notice of hearing.

(1)Upon the filing of a petition for adoption, notice of hearing must be served on:

(a)a person whose consent to adoption is required under 42-2-301 ;

(b)the department or agency whose consent to adoption is required;

(c)the spouse of the petitioner if the spouse has not joined in the petition;

(d)a person who has revoked a consent or relinquishment or is attempting to have a consent or relinquishment set aside;

(e)the child's guardian ad litem if the child has one; and

(f)any other person named by the court to receive notice.

(2)The notice must direct the person to appear in court at the time specified and to show cause why the petition should not be granted.

(3)A notice of hearing is not required to be served on any party:

(a)whose parental rights

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42-5-103 . Notice of hearing. (1) Upon the filing of a petition for adoption, notice of hearing must be served on:
(a) a person whose consent to adoption is required under 42-2-301 ;
(b) the department or agency whose consent to adoption is required;
(c) the spouse of the petitioner if the spouse has not joined in the petition;
(d) a person who has revoked a consent or relinquishment or is attempting to have a consent or relinquishment set aside;
(e) the child's guardian ad litem if the child has one; and
(f) any other person named by the court to receive notice.
(2) The notice must direct the person to appear in court at the time specified and to show cause why the petition should not be granted.
(3) A notice of hearing is not required to be served on any party:
(a) whose parental rights have been terminated in prior proceedings;
(b) who waives notice in a relinquishment, consent, or other document signed by the party;
(c) who has consented in writing to an adoption; or
(d) whose consent to adoption is not required under 42-2-302 .